Accused
Hezbollah Helper Saab Got 3 Guilties 3 Not
& 1 Empty Retrial Oct 17 Sentencing
Jan 23
By Matthew
Russell Lee, Patreon Song
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Oct 4 – Alexei Saab, charged
with providing aid to
Hezbollah, had a proceeding
before U.S. District
Court for the Southern
District of New York Judge
Gardephe on June 15, 2020.
Inner City Press covered it,
as it did another hearing on
April 7, 2021, here
and below.
On May 11
after days of deliberation the
jury determined that Saab is
not guilty on three of seven
counts, guilty on three (false
statements, conspiracy to
commit marriage fraud and
Receiving Military-Type
Transing from a Foreign
Terrorist Organization) and no
decision on "Providing
Material Support or Resources
for an FTO." Verdict sheet here.
Then: "ORDER as
to Alexei Saab. Any post-trial
motions filed by the Defendant
are due by May 25, 2022. The
Government's opposition is due
by June 1, 2022. Any reply
from the Defendant is due by
June 8, 2022. SO ORDERED.
(Signed by Judge Paul G.
Gardephe on 5/11/2022)."
Hours later, SDNY
said Saab "was convicted of
one count of receiving
military-type training from a
designated foreign terrorist
organization, which carries a
potential sentence of 10 years
in prison; one count of
conspiracy to commit marriage
fraud, which carries a maximum
sentence of five years in
prison; and one count of
making false statements, which
carries a maximum sentence of
five years in prison.
SAAB was also acquitted of one
count of conspiracy to provide
material support to Hizballah,
one count of citizenship
application fraud, and one
count of naturalization
fraud."
That did
not mention Count 2, on which
no verdict was reached. On May
18 the US wrote to Judge
Gardephe to request a "date
for a retrial of the defendant
on Count Two." They added they
continue to evaluation
including depending on "the
Court's decision on the
defendant's post trial motions
pursuant to Rule 29 and/or 33
and will promptly update the
Court if the Government
determines that a trial date
is unnecessary."
Judge Gardephe
set a retrial date of August
15. This was extended to
October 17 - and on October 4,
sentencing on the guilty
verdicts to date was set for
January 23, 2023: "MEMO
ENDORSEMENT as to Alexei Saab
(1) granting [257] LETTER
MOTION addressed to Judge Paul
G. Gardephe from Sam Adelsberg
dated 10/4/22 re: Request for
Sentencing Date. ENDORSEMENT:
The Application is granted.
Sentencing is scheduled for
January 23, 2022 at 4:00 pm.
Defendant's sentencing
submission is due on January
6, 2023, and the Government's
sentencing submission is due
on January 13, 2023."
Inner City
Press will stay on the
case(s).
On July
15, Saab's trial was set, for
January 10, 2022: "ORDER as to
Alexei Saab. Subject to
COVID-19 protocols, trial is
scheduled for January 10,
2022, at 9:30 a.m. in
Courtroom 705 of the Thurgood
Marshall U.S. Courthouse, 40
Foley Square, New York, New
York."
On March 11, a
new date was announced: "ORDER
as to Alexei Saab. The Court
has received confirmation that
a pandemic-approved courtroom
will be available for the
trial of this matter beginning
on April 20, 2022."
And on April 20,
Inner City Press covered it,
live tweeted thread here
and below.
On April 25,
after putting out a song, here,
Inner City Press covered
continued jury selection - and
a Daubert / expert hearing
with FBI Special Agent Bomb
Technician Brian Murtaugh on
the stand, thread here
and below.
On April 27, amid
cross examination of the
arrested FBI agent, a dispute
about Hezbollah expert Levitt,
who testified in the Kourani
case. Inner City Press live
tweeted here
and below.
On April 28
Levitt was on the stand - and
with the US case winding down,
Saab's lawyer asked to have a
subpoena signed for a defense
case. Inner City Press live
tweeted here
and below.
On April 29 the
government nearly wrapped up,
with an immigration witness
and another Levitt-like
expert. Inner City Press live
tweeted here
and below.
On May 2, the
evidence closed in less than a
full day. The prosecutors won
an order to see the report of
Saab's expert. Meanwhile
Saab's lawyer filed a motion
to dismiss Count 8, targeting
the testimony of Senior
Immigration Officer Artak
Taevsky and the statute of
limitations. Threadette here
and below
May 3 saw the
closing arguments and jury
instruction - but the
deliberations start was put
over to May 4. Thread here
and below.
On May 4, a full
day of jury deliberations
without a result - but
requests for transcripts and
explanations of Count 5.
Thread here
and below.
On May 5, a
second day of deliberations
and still no verdict. The jury
asked questions about venue,
and with more resonance, about
the need for unanimity on
which theory of liability.
Inner City Press live tweeted
here
and below.
On May 6, the
jury asked more question than
said by note at 4:45 pm that
they had verdicts on five of
seven counts, turning in an
incomplete verdict form. Judge
Gardephe looked it it but
returned it without divulging
its contents. Deliberations
will resume Monday May 9 from
9:30 to 1 pm. Inner
City Press
live tweeted here
and below
On May 9, the
jury sent more notes, and
Judge Gardephe read them the
Allen charge, to resume May
10. Inner City Press live
tweeted here
and below.
On May 10, even
after the Allen or "dynamite"
charge, nothing changed. A
full day of jury deliberations
and nothing. Treadette here:
OK - in Hezbollah
trial of Alexei Saab
deliberation continues, Judge
Gardephe won't add to Allen
charge he gave yesterday.
On alert for
verdict, aiming to live tweet,
thread below
Right now,
courtroom 318 is empty - but
will keep checking in (while
covering arraignment of
Honduras ex-Prez Juan Orlando
Hernandez, here)
The Void:
now at 5 pm, Judge Gardephe
summons jury & says again:
I am sending you home, do not
discuss the case, &do
return tomorrow. Another full
day of deliberation without
verdicts, on at least two of
the counts.
From May 9: The
jury just sent another note.
Judge Gardephe: I am not going
to give the US-requested
instruction about taking the 5
verdicts. The jury had sent
another note. They want to
view Exhibit 700K & 700T,
both twice. And 1 copy of
Exhibits 74, 75, 76, 77, 78,
79 & 80. [whew]
Audio is
played for jury of Saab
explaining how he would
"re-ignite" his contact with
Hezbollah. The other exhibits
will be sent back in.
Judge Gardephe: Ladies and
gentlemen, please go back in
and continue to deliberate.
[Thread will continue]
Update of 11:25
am - Judge Gardephe is
bringing the jury back
in. But it's (just)
another note: They want to
hear again 700K and 700T, both
two times. In one, Saab tells
FBI he could re-activate with
Hezbollah by contacting Bilal
his friend from high school.
Update of
12:55 pm - Jury sends another
note asking what do it if they
can't reach a unanimous
verdict on 1 or more counts
due to "individual consciences
or convictions." [Sound
like deadline - Allen charge?]
Judge Gardephe: I intend to
instruct them before 1 pm
Assistant
US Attorney: Given the
reference to individual
conscience, we would suggest a
re-reading of the jury
instruction about bias. Judge
Gardephe reads to the lawyers,
for comment, his version of
the Allen charge.
Judge Gardephe
calls in the jury, reads them
the Allen charge - then
releases them for the day.
(One juror has a medical
appointment at 2:30). They'll
resume tomorrow and so will we
From May 6: 3d
day deliberation - now 11:10
pm lawyers in 318 for 1st time
today.
Judge Gardephe:
The jury is asking for many
exhibits (94, 95, 96, 700
series and 700T). Does the
government know what these
exhibits are?
AUSA: We will
prepare them. [This could take
a while]
Judge Gardephe
has summoned the jurors into
Courtroom 318, says We are
going play you the 700 series,
and we are distributing 700T
[transcript].
Jurors are
now being played audio of
Alexei Saab being read his
Miranda rights. Then he
confesses to being asked to
hide small weapons for
Hezbollah in his house
In final
audio clip played for the
jurors Saab says "One mistake,
that's it." Judge Gardephe
says, that's the last one.
Please continue to
deliberate. Lawyers
scatter, but remain close to
courtroom for next note - or
verdict?
Update of
4:59 pm: #HezbollahTrial
lawyers are assembling in
Courtroom 318.
Judge Gardephe: I
have a note and an incomplete
jury form... The note is that
a juror had a medical
appointment Monday. The
incomplete verdict form
indicates determination on 5
courts
Judge Gardephe: I
intend to return the form to
them and tell them to complete
it on the other two counts.
[He's not going to say what
the determinations on the 5
courts are, it appears]
Government asks for time.
AUSA: We
think you should call the jury
out and let them know that
they can return the five
verdicts. Saab's lawyer: We
object. Judge Gardephe: I
intend to let them go at 1 pm
on Monday.
Judge
Gardephe: My instructions were
that they are to return
verdicts on all 7 counts at
once. They are inter-related.
So I'm inclined to stick to my
instructions.
Jury
entering! Judge Gardephe: I am
returning the incomplete
verdict form to you. We will
adjourn Monday at 1 pm and if
no full verdict reached,
continue on Tuesday. Adjourned
From May 5: OK -
in #HezbollahTrial of Alexei
Saab, 2d day deliberation -
now 12:45 pm lawyers in 318
for 1st time today.
Judge Gardephe took the bench
after noon and said Jury wants
testimony of Dr. Levitt (we've
touched on his podcast) and a
projector and to know if they
have to agree on the "theory
of liability." It would seem
they are not close to a
verdict at this point
Judge
Gardephe has summoned the
jurors in and begins by
reading back to them their
note. His answer(s) Judge: We
are putting the transcripts
together. Sorry, we don't have
projectors. On theory of
liability - yes, you have to
be anonymous as at least 1
theory
Judge
Gardephe asks the AUSA how
long the transcripts will
take, and says, We'll wait for
their next note. So will we.
In
#HezbollahTrial of US v.
Alexei Saab, Judge Gardephe is
back, saying the government
presented three theories of
liability for material
support: principal, attempt
and aiding-and-abetting. He
says he is not comfortable
with four jurors going with
each theory...
HezbollahTrial
jury sent a note about venue.
(A question which also arose
just now in EDNY press
conference about extradition
of and case against Colombia
nargo Otoniel). Judge Gardephe
is reading them his answer.
Then reads lawyers 2 Cir re
theories of liability
Judge
Gardephe (for 2d day in a row
in #HezbollahTrial
deliberations) - Ladies and
gentlemen it is now 5 o'clock
so we will sent you home and
see you tomorrow [for a third
day of deliberation].
From May 4: The
Saab jury has sent a note for
transcripts. Judge Gardephe:
We'll send them in with
highlighers and PostIt Notes
"at no extra charge."
[Laughter] Assistant US
Attorney: We have been
pre-redacting the transcript.
[Still this will take time -
no verdict soon.]
Update of
12:19 pm - Saab jurors
have asked for more
transcripts. AUSA says they're
working as fast as they can.
now Judge Gardephe has another
note from the jury.
Judge Gardephe:
They ask about Count 5,
citizenship application fraud.
We have some smart people on
the jury. [Also, they may be
getting close]
AUSA: We're
printing the transcripts.
Judge Gardephe: 250 pages?
I'll explain to them the
delay. We'll say we're
assuming you still want 12
copies. If for some reason you
don't... AUSA: Just refer them
back to the elements on Page
43.
Judge Gardephe:
That's what I'm inclined to
do. Thank you.
On Saab,
Judge Gardephe has just
summoned back to courtroom 318
the lawyers (including one who
was at Saipov West Side
HIghway van killing
proceeding, here).
He says, it's 5
pm, what time did they get the
transcript? Judge Gardephe:
Ladies and gentlemen, we are
sending you home for the
evening. Please do not discuss
the case.
May 3 closing
arguments. Assistant US
Attorney: "Alexi Saab is a
terrorist... He began to
collect intelligence for
potential Hezbollah attacks in
the future. He tried to shoot
and kill an Israeli spy. He
traveled back and forth to the
US from Lebanon."
AUSA: Alexi Saab
got sloppy and had explosive
residue on his bag and got
caught. He was a terrorist who
played the long game. He
learned to build bombs and
remembered how 15 years later.
He learned surveillance
techniques and sense his FBI
tail
AUSA: Now
Alexi Saab faces justice here,
in a building he once scoped
out for Hezbollah. [In
fairness, the photos were of
40 Foley Square, not 500 Pearl
Street courthouse...] Now
prosecutors' closing arguments
shift to audio tape of Alexi
Saab discussing bombs and
triggering mechanisms. Game
over?
Now after a
long break during which Judge
Gardephe heard an appeal from
a Magistrates Court gun case
that Inner City Press covered
in person, the defense
summation. Alexi Saab's
lawyer: Mr. Levitt said that
is no question that Hezbollah
is at war with Israel...
Alexi
Saab's lawyer: In 2019, they
didn't want to talk to Mr.
Saab about marriage fraud,
immigration fraud. All they
wanted to talk to him about
was Hezbollah.
US
rebuttal summation in US v.
Alexie Saab: There is no time
limit on terrorism charges. US
ends its rebuttal: AUSA
Jessica Fender [along with Sam
Adelsberg, et al] Now, the
jury charge.
Judge Gardephe:
Jurors, you each have a copy
of my instructions. I will
read them to you, I ask that
you follow along. Seven
counts, from conspiracy with a
foreign terrorist organization
(1) to False Statements
(7). So, this will take
awhile.
Judge
Gardephe just now - at 4:38 pm
- finished his jury
instructions. He tells jury he
will not have then begin
deliberation today, but rather
tomorrow.
From May 2: Now
the prosecutors have asked
Judge Gardephe to make Alexi
Saab release the expert report
of Ms. Bush. Judge Gardephe
says it does not reflect
strategy. Judge
Gardephe: I am inclined to
order disclosure. And he does
- it will be used on US' cross
examination
Now in the charge
conference, Judge Gardephe
opposing including language
proposed by Saab's lawyer
about "potential harm," noting
that Saab's attempt to murder
-- allegedly! - an Israeli spy
did not come to fruition.
The closing
arguments will be on May 3.
From April 29:
Trial moves into what may be
last day of US case - Alexi
Saab's lawyer is cross
examining a US immigration
officer who specializes in
"removing residency."
Now
government witness is reading,
as in a play, a dialogue about
a fake marriage for purpose of
immigration. The
cross-examination should be
something.
After a
(long) break, Assistant US
Attorney returns and says they
have reached a stipulation to
avoid the subpoena - the stip
says that Alexi Saab
voluntarily gave his passwords
to the FBI and told them where
he would travel (by car, since
he was on no-fly list)
In
Courtroom 318, Alexi Saab's
lawyer got to admit into
evidence a photo of a rally in
Beirut. AUSA asked for a
sidebar. Saab took off his
mask, sipped water, took of
and put back on his glasses.
Now the parties milling
around.
After
another Hezbollah expert with
no personal knowledge of the
case, Judge Gardephe lets the
jury go for the weekend. He
tells them to expect the
evidence to conclude on
Monday, then charging
conference, closings,
instructions - and
deliberations.
From April 28:
Gardephe (to the jury) -
Ladies and gentlemen, we are
hearing about history - this
is not saying that Mr. Saab
was involved in attacks on US
facilities.
Assistant
US Attorney: Where has
Hezbollah attacked Americans
outside of Lebanon?
Levitt:
Kuwait, Saudi Arabia.. there
were plots in Europe that
failed. In Germany. There was
the Jewish community center in
Argentina.
Assistant
US Attorney: What is a
cut-out? Levitt: Hezbollah
wanted an entity or entities
in between, to make it harder
to trace. AUSA: What is the
purpose of all this planning?
Levitt: It's to have
off-the-shelf operational
planning ready to go.
Now Saab's lawyer
doing cross examination of
Levitt. Q: What is an IED?
Levitt: It's a
fancy way to say, Homemade
bomb. Q: Are you aware of any
IED attacks by trainees - a
person who had not yet
completed their training?
Saab's
lawyer: Please put up our
exhibit map. Levitt: Yesterday
the prosecutors put up a
better map where you could see
Syria to the north of Lebanon.
Saab's lawyer:
Has Nasrallah declared war on
America? Levitt: Well, Death
to America is not rare at his
rallies.
Saab's lawyer: Al
Qaeda issued a fatwa against
the US. Has Nasrallah?
Levitt: It's
irrelevant. He doesn't have
to. He is the head of
Hezbollah. They say America is
responsible for most of the
world's problems and must be
opposed.
Saab's lawyer
wants a subpoena signed, to
have the witness present in
the courtroom tomorrow at
2:30.
AUSA: We're
working on this. We'll have
him in the area.
From April 27: OK
- it seems a juror may have
overheard something they
weren't suppose to. Judge
Gardephe will bring that juror
in before others, then back to
witnesses.
Now Alexi Saab's
lawyer Marlon Kirton is cross
examining the FBI Agent: Q: So
it's your testimony that while
Mr. Saab was still in
training, he was ordered to
assassinate a person he told
you was an Israeli spy? FBI
Agent: Yes.
Saab's
lawyer: Hezbollah is called
the Party of God, is that
correct? FBI Agent: Yes. Judge
Gardephe: Ladies and gentlemen
we're going to take out lunch
break. Inner City Press
@innercitypress · 5h They're
back, and before jurors come
in the discussion is about
upcoming expert witness Levitt
who "is expected to testify
regarding the structure,
membership, history,
terminology, attacks and
operations of
Hizballah." Jury
entering!
Alexi
Saab's lawyer is showing the
FBI agent a map of South
Lebanon.
Judge
Gardephe, at AUSA's request,
told Alexi Saab's lawyer to
only ask the FBI agent about
public info. So he asks about
Iran funding Hezbollah - "only
from publicly available
information." FBI Agent: I've
read reports to that effect.
Alexi Saab's
lawyer: How many videos have
been available to the
prosecution in this case? FBI
Agent: I don't know. Lawyer:
How many have you reviews? 130
or so? FBI Agent: You're
asking about videos?
Meanwhile,
the upcoming
expert Levitt
also testified
in the Kourani
trial (which
Inner City
Press also
covered, here
From April 25: In
this morning's pool of
prospective jurors, to the
question of legal knowledge
one says he is a Mergers and
Acquisitions lawyer; another
works at Davis Polk law firm.
Prospective Juror
17 says her step-brother
tells her he is the "chairman
of the biggest law firm in the
world." Judge Gardephe laughs
and asks if this august
position would make her
biased. No.
Judge Gardephe:
It's 1:15 pm, I'm giving you
your lunch break and when you
return we will complete the
jury selectionWe'll see.
Now with
prospective jurors out of the
courtroom, Judge Gardephe
tells the lawyers he is not
going to ask them open ended
questions about 9/11, since it
has nothing to do with this
Hezbollah case and so many in
the jury pool were traumatized
by it.
Judge Gardephe:
Mr. Kirton, I don't care one
iota about what you think is
going on his his mind, I care
about what is going on in his
mind. He says he can be fair
despite 9/11.
Judge
Gardephe: We started with 121
or 122 jurors & we're
currently down to 44. They are
not mentioning 9/11. Why do
you think it is in their
minds? I'll be happy to give
some instruction later, that
nothing links Mr. Saab to
9/11, if the defense thinks it
helpful
Now with
prospective jurors out of the
courtroom, Judge Gardephe
tells the lawyers he is not
going to ask them open ended
questions about 9/11, since it
has nothing to do with this
Hezbollah case and so many in
the jury pool were traumatized
by it.
Hezbollah
proceedings continues:
ostensible expert witness
misidentifies "UN Mining
Acquisition Service" (it's UN
Mine Action Service)
trial day end
with Alexi Saab's lawyer
asking for order that his
client have access to his
glasses. Judge Gardephe says
yes, there should be a
standing order to that effect.
On April 26, in
front of the jury Saab's
photos of Hariri's hole and
bridges were described; with
jury gone a girlfriend's name
was sealed to prevent honor
killing. Inner City Press live
tweeted here:
Judge Gardephe is
asked to withhold from the
jury the name of a woman Alexi
Saab had a relationship with,
to avoid "honor killing" in
Lebanon
Judge Gardephe:
The jury is ready. Mr.
Kirton [Saab's lawyer] they
just want to redact her name.
Why is that unacceptable?
AUSA: The Special Agent could
just say the name [VOLUNTARILY
REDACTED BY
INNER CITY
PRESS].
Judge Gardephe: Mr. Kirton, it
might be better for you rather
than having "L.J."
Judge
Gardephe: I'm not going to
monkey with the chat. If you
want L.J., he'll say
L.J. Just tell me when
you're going to introduce the
video. Assistant US Attorney:
Do you mean the Hezbollah
propaganda videos? Judge
Gardephe: Yes.
Judge
Gardephe: I am ordering the
sealing of the transcript of
this part of the proceeding
which mentions her full name
[which, as it happens, Inner
City Press has not tweeted -
but there would have been no
way to know].
Now in
Hezbollah trial, after tech
witnesses from Google and
Microsoft, and an interpreter,
an FBI Agent who works on
investigating Hezbollah. AUSA:
Before CT-9 squad, what did
you work on?
Agent:
Counter-terrorism squad. AUSA:
Did you meet Alexi Saab?
Agent: Yes AUSA: Did you
arrest Alexi Saab? FBI Agent:
Yes. AUSA: Did you meet with
him first? FBI Agent: Yes. 11
times. AUSA: Do you see
him in the courtroom? FBI
Agent: Yes. He's right over
there.
AUSA: When did
you first interview Alexi
Saab? FBI Agent: We secured an
office space on Elm Street and
read him his advice of
rights... He told us he had
been asked to do surveillance
for Hezbollah: soldier check
point, to avoid road-side
bombs
Now Judge
Gardephe tells the jury: We
are going to be referring to a
woman as L.J. and not her full
name, to protect her
privacy. [Not said: and
to try to prevent "honor
killing"]
Afternoon
session in Hezbollah trial:
FBI Agent Cipriano (sp) on
stand, says: I found that
photo on Alexi Saab's hard
drive. It is a photo of the
Brooklyn Bridge. In the
forefront is an associate of
Mr. Saab, in a beige jacket.
Now in
Hezbollah trial, jury is shown
a video of the entrance to the
George Washington bridge,
taken from Alexi Saab's hard
drive.
Hezbollah trial:
FBI Agent describes Alexi Saab
getting out of a Mercedes and
walking with a gun to the
driver's side window of a van,
pointing the gun at a man's
face and pulling the trigger.
The gun jammed, the agent
says.
Now from
Hezbollah defendant Alexi
Saab's hard drive: Video
filmed of Delta airlines
security area. FBI Agent says
Saab told him about giving a
CD of these videos and photos
to his handler in Lebanon.
FBI Agent
says Alexi Saab took
photographs of the blast site
after Harari was killed by
explosion, for his personal
interested. And that his 11th
and last interview with
Saab was at the A/K/A Times
Square Hotel.
Now the
Hezbollah trial day is over,
with Alexi Saab's lawyer
estimating he'll need one to
three hours to cross examine
this FBI agent.
On Saturday
April 23 Saab's lawyer Marton
Kirton filed proposed voir
dire of the remaining jurors,
citing to a previously filed
list of article about this
case - including, in full
disclosure, by Inner City
Press. Kirton wrote: "The Defense
proposes that the Court ask
the remaining venire the
following questions: 1.
Whether or not you have read,
seen, or heard any news
accounts of this case? If yes,
please detail. The Court
should ask follow-up questions
after the juror’s answer. Can
you be fair and impartial to
Mr. Saab even though you have
read, seen, or heard news
accounts of this case? 2. Have
you ever visited any of the
New York City landmarks
referenced in this case? If
yes, please detail. The Court
should ask follow-up questions
after the juror's answer. Even
though you visited these New
York City landmarks, can you
be fair and impartial to Mr.
Saab? 3. Do you, a family
member, or a friend work at
any New York City landmarks
referenced in this case? If
yes, please detail. The Court
should ask follow-up questions
after the juror's answer. Can
you be fair and impartial to
Mr. Saab even though you, a
family member, or a friend
work at these New York City
landmarks?" Full letter
on Patreon here.
Ironically, the
one of Inner City Press' (so
far) 15 articles on the case
cited mused, "if Saab is so
connected with Hezbollah, why
Nasrallah couldn't whip up a
more extensive legal team."
Inner City Press will stay on
the case.
Back
on December 20 the US filed
its motions in limine
including that Hezbollah
related materials on Saab's
electronic device should be
admitted. Then there is a
redacted argument IV under III
about Saab's expert.
On November 29,
Saab's lawyer wrote again to
Judge Gardephe, asking for an
extensions because filing
motions in limine would be
difficult if not impossible
given the number of issues
outstanding. The letter
attaches a transcript for the
proposition that Saab has the
right to fully brief any and
all Section 4 CIPA issues.
On December 10,
Judge Gardephe denied Saab's
motions in limine and then
issued this: "The application
is denied. In an opinion
issued today, the Court has
addressed the Defendant's
pretrial motions. The Court
will address the Government's
application pursuant to CIPA
Section 4 in a separate order.
As the Court stated on the
record at the September 18,
2020 conference, the defense
will have an opportunity to
respond to that order if the
defense deems it necessary. SO
ORDERED. (Signed by Judge Paul
G. Gardephe on 12/10/2021)."
Watch this site.
On May
24-25, Saab's lawyer filed a
technically untimely motion
for bail and to declassify
certain information partially
disclosed to the defense.
Annexed is
an affidavit from Anthanasios
Cambanis, disputing that Saab
know or would have thought
that the person he was
allegedly ordered to shoot at
was an Israeli spy. Thanassis
Cambanis calls it a training
exercise. Watch this site.
Back on
June 15 his lawyer said Saab,
aka Rachid, has no access to
law library.
Judge Gardephe
asked if the parties have been
discussing resolving the case
by plea.
But the talks
stopped when Saab filed
motions. His lawyer Marlon
Kirton says remains open to
resolving it, but "it's
leaning more toward a trial
now."
Assistant US
Attorney Jason Richman said
that with his Office it's fine
to provide an update in 30
days, with motion and trial
schedule. He said disposition
is "unlikely... Things are
trending toward a trial." He
mentioned the Classified
Information Procedures Act,
and Section 4 brief.
Judge Gardephe
said, There is a lot going on
in this case. We'll give you
another 30 days to take stock.
There was another
status conference on September
18. Inner City Press live
tweeted it:
His lawyer says
Saab hasn't accessed the MCC
law library since March, and
no access to hard drive for
discovery.
Saab's lawyer: We
are going to make a motion to
dismiss the indictment. It's
hard because the SDNY has not
pattern jury instructions.
Judge Gardephe:
He's proposing briefing
through February, with a
hearing on or after March 22.
Is that acceptable to the US?
Yes
Deputy:
Thurs, April 1?
Judge Gardephe: I
don't want it the first day in
April. How about April 6, 10
am? AUSA: I'm supposed to be
out of town. But a colleague
could do it.
Judge Gardephe:
April 7, then - hearing
or oral argument. Shall we
exclude time? Yes.
And on April 7,
Inner City Press again covered
it and live tweeted,
here:
Saab's lawyer is
questioning why the FBI got
search warrant for immigration
issues when they immediately
told him, this is about
Hezbollah.
Defense: It
raises questions that the [NJ
Magistrate] Judge was
presented with incomplete
information to sign the
warrant. Judge Gardephe: If
there are misrepresentation in
the search warrant
application, they might be
relevant. But I'd have to read
the affidavit
Judge Gardephe:
I'm in chambers, let me see if
I can find my calendar. Four
weeks to file- how about a
hearing on defendant's motions
on June 21, 10:30 am? I hope
we can do it in person.
Adjourned.
The case is US v.
Saab, 19-cr-676 (Gardephe).
***
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